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(FWD) NCC WASHINGTON UPDATE, Vol. 7, #36, August 24, 2001



NCC WASHINGTON UPDATE, Vol. 7, #36, August 24, 2001
by Bruce Craig <rbcraig@nccph.org
National Coordinating Committee for the Promotion of History (NCCPH)
*****************

1.   Official Secrets Act Hearing Set
2.   College Suspends Joseph Ellis
3.   Lawsuit Dismissed: WW II Memorial Construction May Move Forward
4.   News Bits and Bytes: Kerouac Archive; Recent News Clippings of Note -
Historian Ambrose Center Stage and Reagan White House Presidential Papers


1.    OFFICIAL SECRETS ACT HEARING SET
On September 5, 2001 the Senate Intelligence Committee is planning to hold
a hearing on the FY 2002 Intelligence Authorizations Act.  That bill
includes a controversial "leaks" statute with language identical to the
measure passed by Congress last year (H.R. 5630 - the Intelligence
Authorizations Act of 2001) but vetoed on November 4, 2000 by then
President Bill Clinton (see WASHINGTON UPDATE, Vol. 6, #45, December 21,
2000).  The proposed measure is strongly supported by Senator Richard
Shelby (R-AL) who last year chaired the Senate Select Committee on
Intelligence and several other members of the Intelligence Committee.

According to numerous historians and journalists who studied last year's
version of the legislation, the proposed law would, in essence, be
America's first-ever "Official Secrets Act."  It would make it harder for
Americans to know what their government is doing.  If enacted, it would
severely restrict free speech, undercut the already tenuous rights of
federal government whistle-blowers who put their jobs on the line when they
disclose wrongdoing, and would shield "corruption and government abuse of
power behind a wall of secrecy." Historians and journalists, in particular,
could be vulnerable to federal prosecution for illegal disclosures.

Proponents of the bill language maintain that leaks are the bane of the
government's existence and that something needs to be done to dissuade
government employees from making leaks, especially to the press.  Opponents
state that without leaks Americans would probably never had known about the
Pentagon Papers, human radiation experiments, human rights abuses in Latin
America, or the My Lai massacre. John Martin, who for more than ten years
was the top Justice Department official supervising investigations of
leaked information as well as espionage cases, has publicly stated that
"current law is sufficient to cover people who provide classified
information to unauthorized persons." He believes that the problem is in
the realm of enforcement of current law and that the responsibility to
enforce existing security regulations properly rests with agency heads and
Cabinet secretaries.

Hill insiders report that if the new version of the federal "leaks"
legislation is passed by Congress, it may well be signed into law by
President George W. Bush. At this writing, the Bush White House has merely
stated that "the administration position is being worked on" but Hill
insiders report that influential Senators are pressuring the President to
support the measure.  According to one intelligence official, the
President's hesitation is simply because the White House "does not want to
take on any additional political problems at this time."

The offensive language in the Act is identical to last year's
version.  Reportedly, it was suggested if not actually crafted by the
Central Intelligence Agency and Justice Department officials.  As currently
drafted, the legislation would put in place a broad prohibition on the
disclosure of classified information and would sanction the criminal
prosecution of any government official who violates the law's provisions
through disclosure of unauthorized information to anyone. Although
historians and representatives of the media could not necessarily be
prosecuted for receiving or publishing secrets, it would make them, in
essence, accessories to a felony, and would subject them to interrogation
and require them to reveal their sources or face indefinite jail sentences.
Shelby's measure provides punishments of up to three years in jail and a
$10,000 fine for any active or retired government employee who willfully
discloses "properly classified information" knowing that "the person
receiving it was not authorized to have access to it."

Under current law, a felony prosecution can result only when the disclosure
relates to national security and the individual who released the classified
material must have done so believing it would be used to injure the United
States.  The proposed new law would not require the intent  "to injure"
provision in order to bring about a successful prosecution.

Opponents to the bill are currently mapping out a strategy to defeat the
measure. Expressions and letters of concern to members of Congress from the
historical and archival community (especially constituents of those listed
below) may be well placed at this time.  Communications with the offices of
those who sit on the Senate Select Committee on Intelligence are
particularly needed; they include Senators Bob Graham (FL) who chairs the
Committee and Richard C. Shelby (AL), Carl Levin (MI) Jon Kyl (AZ), John D.
Rockefeller (WV), James Inhofe (OK), Diane Feinstein (CA), Orin Hatch (UT),
Ron Wyden (OR), Pat Roberts (KS), Richard Durbin (IL), Mike DeWine (OH),
Evan Bayh (IN), Fred Thompson (TN), John Edwards (NC), Richard Lugar (IN),
and Barbara Mikulski (MD). Offices for all of these individuals may be
reached via the Capitol switchboard at (202) 224-3121.

2.  COLLEGE SUSPENDS JOSEPH ELLIS
On August 17, following a highly publicized controversy relating to
misrepresentations and fabrications regarding his Vietnam war record made
to students in his classes (see NCC WASHINGTON UPDATE, Vol. 7, #31, July
27, 2001), Pulitzer Prize-wining historian Joseph J. Ellis was suspended by
Mount Holyoke College for one year without pay.  Ellis, who has taught at
Mount Holyoke for 29 years, also will step down from his endowed chair at
the college.

A college spokesperson stated, that the "quality for his scholarly work,
the power of his teaching, and his administrative contributions"
contributed to the decision not to impose more severe punishments. But,
according to Arnita Jones, executive director of the American Historical
Association, the loss of an endowed chair for cause as a professional
sanction "is unprecedented." Ellis's punishment amounts to an unpaid
sabbatical as though he will forfeit his annual salary of approximately
$100,000, he will continue to have office and library privileges.

Ellis became the focus of a media blitz when it was reported in The Boston
Globe newspaper that he had told students that he had served as a combat
veteran and had contact with many high-profile individuals from politicians
to military officials. In fact, Ellis actually served in the Army from 1969
to 1972 as an instructor at the United States Military Academy and never
went overseas. After the story ran, Ellis admitted his deceit and most
recently took sole responsibility for his fabrications -  "I did something
both stupid and wrong" stated Ellis.  He accepts the sanctions and intends
"to find time for self-reflection and to begin work on a new book."

3. LAWSUIT DISMISSED: WW II MEMORIAL CONSTRUCTION MAY MOVE FORWARD
On August 16, 2001 U.S. District Court Judge Henry H. Kennedy Jr. dismissed
a lawsuit brought by the National Coalition to Save Our Mall and the World
War II Veterans to Save the Mall that sought to halt construction of the
proposed World War II Memorial in Washington D.C.  "The court concludes
that defendants' motion to dismiss must be granted because the court lacks
subject matter jurisdiction" stated Kennedy.

With the removal of the latest in a long line of obstacles preventing
construction, federal officials are hoping to proceed to begin construction
on August 27. Opponents have not given up the fight yet as they still plan
to file an appeal with the D.C. Circuit of the U.S. Court of Appeals.  They
intend to request that an injunction prohibiting construction be granted
until the Court can hear the case. That appeal is still pending.

4.  BITS AND BYTES:
Item #1 - Kerouac Archive: The New York Public Library has acquired the
literary and personal archive of author Jack Kerouac for an undisclosed
amount of money.  Kerouac is best remembered for his 1957
quasi-autobiographical novel, "On the Road" that helped define the "Beat
generation." The archive, which includes manuscripts, notebooks, letters,
journals and personal items saved from the time he was 11 years old until
his death at 47, is now part of the Henry W. and Albert A. Berg Collection.
About two years ago, the Kerouac estate decided to sell the archive as a
whole to the library.  The collection was recently appraised at around $10
million. Access is restricted until 2005 or the publication of an official
Kerouac biography currently being undertaken by historian Douglas Brinkley.
The library expects to catalog the collection over the next two years.

Item #2 - Reagan Library to Get Former Air Force One
The Boeing 707 airplane that served as President Ronald Reagan's "Air Force
One" from 1981-1989 will make one last trip - destination: the Reagan
Presidential Library in Ventura, California.  The aircraft will serve as
the centerpiece for a new Museum of Presidential Travel to be constructed
on Library grounds.  Also to be a part of the display is the former
President's limousine.

Item #3 - Recent News clippings of Note:
Clipping #1 -- Historian Ambrose Center Stage:  A page-one story in the
August 20 issue of The Wall Street Journal (Matthew Rose, "History Inc. As
a Professor's Books become Bestsellers, a Big Business is Born") traces how
Stephen E. Ambrose, described in the article as "a moderately successful
history professor" shrewdly has created what is perhaps best characterized
as "Stephen Ambrose Inc., an extraordinarily successful business that
conducts historical research, supports museums, produces and markets books,
and negotiates movie deals." Ambrose, who has sold over 5 million books, is
unique in the history writing field as he has "managed to overcome many of
the genre's inherent limitations with the help of a cottage industry that
employs his closest relatives to help and produce and promote his books."

Clipping #2 -- Reagan White House Presidential Papers: A story appearing in
The New Republic (TNR), traces the controversy relating to the delay in
releasing some 68,000 pages of Ronald Reagan's correspondence scheduled to
be made public under the Presidential Records Act ( see Josh Chafetz, "The
White House Hides History; Cover Letter,"see TNR, August 27 and September
3, 2001 issue, p. 20-23).  The author does a credible job tracing the
controversy.  John Carlin, the Archivist of the United States, also
succinctly discusses the issues relating to the documents in the monthly
newsletter of the Organization of American Historians (see John Carlin,
"Presidential Papers and the NARA" in OAH Newsletter, August 2001, p. 7).
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *  * * * * *
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